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Case TitleAmerican Civil Liberties Union et al v. United States Department of Justice et al
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2019cv12242
Date Filed2019-10-31
Date Closed2021-10-13
JudgeJudge William G. Young
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union of Massachusetts
Case DescriptionThe ACLU and the ACLU of Massachusetts submitted FOIA requests to the Department of Justice, the FBI, and the DEA for records concerning development and use of facial recognition. The ACLU also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests, denied the ACLU's request for expedited processing and put the ACLU in the preferential fee category. After hearing nothing further from the agencies, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantFederal Bureau of Investigation
DefendantDrug Enforcement Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-311COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7948899 (Fee Status: Filing Fee paid), filed by American Civil Liberties Union, American Civil Liberties Union of Massachusetts. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Category Sheet)(McFadden, Daniel) (Entered: 10/31/2019)
2019-10-312NOTICE of Appearance by David Glod on behalf of American Civil Liberties Union, American Civil Liberties Union of Massachusetts (Glod, David) (Entered: 10/31/2019)
2019-10-313NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here . These documents will be mailed to counsel not receiving notice electront> Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) (Entered: 10/31/2019)
2019-10-314Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) (Entered: 10/31/2019)
2019-10-315MOTION for Leave to Appear Pro Hac Vice for admission of Brett Max Kaufman and Nathan Freed Wessler Filing fee: $ 200, receipt number 0101-7949544 by American Civil Liberties Union, American Civil Liberties Union of Massachusetts. (Attachments: # 1 Affidavit, # 2 Affidavit)(McFadden, Daniel) (Entered: 10/31/2019)
2019-10-316NOTICE of Appearance by Matthew Segal on behalf of American Civil Liberties Union, American Civil Liberties Union of Massachusetts (Segal, Matthew) (Entered: 10/31/2019)
2019-11-017Refusal to Consent to Proceed Before a US Magistrate Judge. . (McFadden, Daniel) (Entered: 11/01/2019)
2019-11-018NOTICE of Appearance by Nathaniel C. Donoghue on behalf of American Civil Liberties Union, American Civil Liberties Union of Massachusetts (Donoghue, Nathaniel) (Entered: 11/01/2019)
2019-11-019ELECTRONIC NOTICE of Case Re-Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) (Entered: 11/01/2019)
2019-11-0110AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union, American Civil Liberties Union of Massachusetts. All Defendants. Acknowledgement filed by American Civil Liberties Union, American Civil Liberties Union of Massachusetts. (Segal, Matthew) (Entered: 11/01/2019)
2019-11-0411AFFIDAVIT OF SERVICE as to the Attorney General of the United States, Drug Enforcement Administration, and Federal Bureau of Investigation by American Civil Liberties Union, American Civil Liberties Union of Massachusetts. (Paine, Matthew) (Entered: 11/04/2019)
2019-11-0412Notice of correction to docket made by Court staff. Correction: Docket Entry 10 Service as to the United States corrected because: Counsel Segal filed the Service of the United States Under Wrong Event in CM/ECF. Summons/Affidavit Returned Executed as to the USA Re-Docketed Under the Correct Event (Docket Text Modified) as ECF No. 11 (Paine, Matthew) (Entered: 11/04/2019)
2019-11-0413Judge William G. Young: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice. Added Brett Max Kaufman and Nathan Freed Wessler. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 11/04/2019)
2019-11-0414SUMMONS Returned Executed by American Civil Liberties Union, American Civil Liberties Union of Massachusetts. Federal Bureau of Investigation served on 11/4/2019, answer due 11/25/2019; UNITED STATES DEPARTMENT OF JUSTICE served on 11/4/2019, answer due 11/25/2019; Drug Enforcement Administration served on 11/4/2019, answer due 11/25/2019., SUMMONS Returned Executed as to US Attorney by American Civil Liberties Union; American Civil Liberties Union of Massachusetts. Federal Bureau of Investigation served on 11/4/2019, answer due 11/25/2019; UNITED STATES DEPARTMENT OF JUSTICE served on 11/4/2019, answer due 11/25/2019; Drug Enforcement Administration served on 11/4/2019, answer due 11/25/2019. (Segal, Matthew) (Entered: 11/04/2019)
2019-11-0515SUMMONS Returned Executed as to US Attorney by American Civil Liberties Union, American Civil Liberties Union of Massachusetts. Drug Enforcement Administration served on 11/4/2019, answer due 1/3/2020; Federal Bureau of Investigation served on 11/4/2019, answer due 1/3/2020; UNITED STATES DEPARTMENT OF JUSTICE served on 11/4/2019, answer due 1/3/2020. (Paine, Matthew) (Entered: 11/05/2019)
2019-11-0516Notice of correction to docket made by Court staff. Correction: Docket Entry 14 Summons Returned Executed as to the US Attorney Corrected Because: The Summons Was Filed Under the Wrong Event in CM/ECF by Counsel Segal. The Incorrect Answer Deadlines Were Terminated and the Summons Re-Docketed Under the Correct Event in CM/ECF as ECF No. 15 . (Paine, Matthew) (Entered: 11/05/2019)
2020-02-0517JOINT STATEMENT of counsel and Proposed Initial Schedule . (McFadden, Daniel) (Entered: 02/05/2020)
2020-02-1118Judge William G. Young: ELECTRONIC ORDER entered. ALLOWED re 17 JOINT STATEMENT of counsel and Initial Schedule.(Paine, Matthew) (Entered: 02/11/2020)
2020-05-1519JOINT STATEMENT of counsel . (McFadden, Daniel) (Entered: 05/15/2020)
2020-06-1520JOINT STATEMENT of counsel . (McFadden, Daniel) (Entered: 06/15/2020)
2020-06-2321Judge William G. Young: ELECTRONIC ORDER entered re 20 Joint statement of counsel. Status report due September 1, 2020. (Gaudet, Jennifer) (Entered: 06/23/2020)
2020-06-2322ELECTRONIC NOTICE of Hearing. Status Conference set for 9/10/2020 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 06/23/2020)
2020-09-0123JOINT STATEMENT of counsel . (McFadden, Daniel) (Entered: 09/01/2020)
2020-09-0424Joint MOTION Reschedule Status Conference by Drug Enforcement Administration, Federal Bureau of Investigation, UNITED STATES DEPARTMENT OF JUSTICE.(Poswistilo, Susan) (Entered: 09/04/2020)
2020-09-0825Judge William G. Young: ELECTRONIC ORDER entered granting 24 Joint Motion to Reschedule Status Conference by Drug Enforcement Administration, Federal Bureau of Investigation, UNITED STATES DEPARTMENT OF JUSTICE. (Gaudet, Jennifer) (Entered: 09/08/2020)
2020-09-0826Set/Reset Hearings: Status Conference reset for 9/22/2020 11:00 AM by video before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court&# 039;s general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . (Gaudet, Jennifer) (Entered: 09/08/2020)
2020-09-1727ELECTRONIC NOTICE OF RESCHEDULING. Status Conference reset for 9/24/2020 12:00 PM by video before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refe r to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . (Gaudet, Jennifer) (Entered: 09/17/2020)
2020-09-2428Electronic Clerk's Notes for proceedings held before Judge William G. Young: Status Conference held on 9/24/2020 by video. The parties update the Court on the status of the case. A further status conference is set: Status Conference set for 1/19/2021 02:00 PM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Glod and McFadden for the plaintiffs, Ausa Poswistilo for the defendants) (Gaudet, Jennifer) (Entered: 09/24/2020)
2021-01-1929Electronic Clerk's Notes for proceedings held before Judge William G. Young: Status Conference held on 1/19/2021 by video. The Court sets the following deadlines: Vaughn index within six (6) weeks; counsel to confer within two (2) months and any summary judgment motions to be filed within ten weeks. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorney Glod for the plaintiffs and Attorney Poswistilo for the government) (Gaudet, Jennifer) (Entered: 01/19/2021)
2021-01-2830MOTION for Clarification re 29 Terminate Hearings,, Status Conference, by American Civil Liberties Union, American Civil Liberties Union of Massachusetts.(Glod, David) (Entered: 01/28/2021)
2021-02-1731Judge William G. Young: ELECTRONIC ORDER entered granting 30 Joint Motion for Clarification of Deadlines. The plaintiffs' understanding is correct. The parties agreement is adopted. (Gaudet, Jennifer) (Entered: 02/17/2021)
2021-03-3032Assented to MOTION for Extension of Time to 6/18/21 to File Motion for Summary Judgment by Drug Enforcement Administration, Federal Bureau of Investigation, UNITED STATES DEPARTMENT OF JUSTICE.(Poswistilo, Susan) (Entered: 03/30/2021)
2021-03-3133Judge William G. Young: ELECTRONIC ORDER entered granting 32 Assented to Motion for Extension of Time to 6/18/21 to File Motion for Summary Judgment by Drug Enforcement Administration, Federal Bureau of Investigation, UNITED STATES DEPARTMENT OF JUSTICE. (Gaudet, Jennifer) (Entered: 03/31/2021)
2021-03-3134Set/Reset Scheduling Order Deadlines: Motions for Summary Judgment due on or before 6/18/2021. (Gaudet, Jennifer) (Entered: 03/31/2021)
2021-06-1535Joint MOTION for Extension of Time to 8/31/21 to File Motion for Summary Judgment by Drug Enforcement Administration, Federal Bureau of Investigation, UNITED STATES DEPARTMENT OF JUSTICE.(Poswistilo, Susan) (Entered: 06/15/2021)
2021-07-0736Judge William G. Young: ELECTRONIC ORDER entered granting 35 Joint Motion for Extension of Time to 8/31/21 to File Motion for Summary Judgment by Drug Enforcement Administration, Federal Bureau of Investigation, UNITED STATES DEPARTMENT OF JUSTICE. (Gaudet, Jennifer) (Entered: 07/07/2021)
2021-08-2637Joint MOTION for Extension of Time to October 15,2021 to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE.(Poswistilo, Susan) (Entered: 08/26/2021)
2021-09-1638Judge William G. Young: ELECTRONIC ORDER entered granting 37 Joint Motion for Extension of Time to File Motion for Summary Judgment. Defendants shall file their motions for summary judgment on or before 10/15/2021; oppositions and/or corss-motions shall be filed on or before 11/15/2021; and any reply briefs/oppositions to cross-motions shall be filed on or before 12/6/2021. (Gaudet, Jennifer) (Entered: 09/16/2021)
2021-10-0739Joint MOTION to Stay Proceedings by Drug Enforcement Administration, Federal Bureau of Investigation, UNITED STATES DEPARTMENT OF JUSTICE.(Poswistilo, Susan) (Entered: 10/07/2021)
2021-10-1340Judge William G. Young: ELECTRONIC ORDER entered re 39 Motion to Stay Proceedings. (Paine, Matthew) This case is administratively closed. It may be reopened upon motion of any party should their present cooperation come to an end (Entered: 10/13/2021)
2021-10-1341Judge William G. Young: ORDER entered. ORDER FOR CLOSURE (Paine, Matthew) (Entered: 10/13/2021)
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by FOIA Project Staff
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